Section 1 Short title
This Act may be cited as the “Migrant Accountability Act of 2021”.
Migrant Accountability Act of 2021
A BILL
To transfer functions related to unaccompanied alien children to the Department of Homeland Security, and for other purposes.
Sec. 2 Transfer of functions related to unaccompanied alien children
Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended—
by amending subsection (a) to read as follows:
“(a) Transfer of functions—There are transferred to the Secretary of Homeland Security functions under the immigration laws of the United States with respect to the care of unaccompanied alien children that were vested by statute in, or performed by, the Director of the Office of Refugee Resettlement of the Department of Health and Human Services immediately before the effective date specified in subsection (d).”
in subsection (b)—
by striking “Director of the Office of Refugee Resettlement” each place it appears and inserting “Secretary of Homeland Security”; and
in paragraph (1), by striking “Director” and inserting “Secretary”;
by amending subsection (d) to read as follows:
“(d) Effective date—The effective date specified in this subsection is the date of enactment of the Migrant Accountability Act of 2021.”
in subsection (e)—
in paragraph (1), by striking “Director of the Office of Refugee Resettlement” and inserting “Secretary of Homeland Security”; and
in paragraph (2), by striking “Office of Refugee Resettlement of the Department of Health and Human Services” and inserting “Department of Homeland Security”; and
in subsection (f)—
by repealing paragraph (2);
in paragraph (3)—
by striking “Department of Justice” and inserting “Department of Health and Human Services”;
by striking “the Immigration and Naturalization Service” and inserting “the Office of Refugee Resettlement”; and
by striking “Director of the Office of Refugee Resettlement for allocation to the appropriate component of the Department of Health and Human Services” and inserting “Secretary of Homeland Security for allocation to the appropriate component of the Department of Homeland Security”.
Sec. 3 Conforming amendments
Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) is amended—
in subsection (a)—
in paragraph (2)—
by amending the heading to read as follows: “Rules for unaccompanied alien children”;
in subparagraph (A), by striking “who is a national or habitual resident of a country that is contiguous with the United States”; and
in subparagraph (C)—
by amending the heading to read as follows: “Country agreements”; and
by striking “countries contiguous to the United States” and inserting “other countries”;
by striking paragraph (3);
in paragraph (4), by striking “immediately be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b)” and inserting “be treated in accordance with subsection (b)”; and
in paragraph (5)(D), by striking “contiguous”; and
in subsection (b)—
by amending paragraph (1) to read as follows:
“(1) Care and custody of unaccompanied alien children—The care and custody of all unaccompanied alien children, including responsibility for their detention, where appropriate, shall be the responsibility of the Secretary of Homeland Security.”
in paragraph (2), by striking “Department of Health and Human services” and inserting “Department of Homeland Security”;
in paragraph (3), by striking “Secretary of Health and Human Services” and inserting “Secretary of Homeland Security”; and
in paragraph (4), by amending the first sentence to read as follows: “The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall develop procedures to make a prompt determination of the age of an alien, which shall be used by the Secretary of Homeland Security for children in their custody.”;
in subsection (c)—
in paragraph (2)—
in subparagraph (A)—
by amending the heading to read as follows: “Minors in department of homeland security custody”; and
by striking “Secretary of Health and Human Services” and inserting “Secretary of Homeland Security”; and
by striking subparagraph (B);
in paragraph (3)—
by striking “Secretary of Health and Human Services” each place it appears and inserting “Secretary of Homeland Security”; and
by repealing subparagraph (C);
in paragraph (4), by striking “Secretary of Health and Human Services” and inserting “Secretary of Homeland Security”;
in paragraph (5), by striking “Secretary of Health and Human Services” and inserting “Secretary of Homeland Security”; and
in paragraph (6), by striking “Secretary of Health and Human Services” each place it appears and inserting “Secretary of Homeland Security”;
in subsection (d)(4)(A), by striking “Secretary of Health and Human Services” and inserting “Secretary of Homeland Security”; and
by adding at the end the following:
“(j) DNA testing—Prior to placing an unaccompanied alien child into the custody of a sponsor who claims to be a biological relative of the child, the Secretary shall confirm the existence of such a relationship using DNA technology. For purposes of this subsection, a biological relative includes a grandfather, grandmother, brother, sister, aunt, uncle, parent, and first cousin.
“(k) Limitation on placement—The Secretary of Homeland Security, or their designee, shall not place an unaccompanied alien child in a State, including in a Federal Government facility in a State, if the Governor of that State does not consent to such placement. This subsection does not apply to the placement of an unaccompanied alien child with a biological relative with whom the existence of such a relationship has been confirmed using DNA technology in accordance with subsection (j).”